Source · SPSO (Scottish Public Services Ombudsman)

Perth and Kinross Council

SPSO (Scottish Public Services Ombudsman) Not Upheld Reference 201702796 Sector Local Government Category handling of application (complaints by opponents) Decided 01 March 2018

View Perth and Kinross Council scorecard

Full decision

Summary

Mr C complained about the council's handling of a planning process. Mr C said that the owner of the site in question is now using the site for a purpose that was not part of their original planning application. Mr C said that a change of use planning application should have been made, and that the permission granted does not cover the activities currently being carried out at the site. In addition to this, Mr C felt that a transport assessment should have been carried out, due to the size of the site.

We reviewed the relevant information and took independent advice from a planning adviser. We concluded that there was no requirement that the council explicitly state that a change of use had been applied for. We also concluded that the council had considered the original application as a change of use application, and that the subsequent approval permits the activities currently being carried out at the site. In respect of the transport assessment, we were satisfied that the guidance states that the size criteria is indicative, and not an automatic trigger for an assessment to be carried out. Although we found that the council's report of handling could have been more detailed on this matter, we considered the council's subsequent explanations for why they did not carry out a transport assessment to be acceptable. We did not uphold Mr C's complaints.

Related reading

View Decision Report 201702796 as a PDF (11.2 KB) Updated: December 2, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving Perth and Kinross Council

Reference Date Summary Outcome
202110970 01 Aug 2023 C complained that the council had unreasonably failed to carry out an adequate assessment of their parent (A)'s personal care … Upheld
202007694 01 Oct 2022 C complained about an incident in which their late parent (A) fell from their wheelchair prior to being assisted into … Not Upheld
201905582 01 Dec 2020 C complained on behalf of their family member (A). C was unhappy with the way the council’s social work service … Partly Upheld
201900916 01 Sep 2020 C and B complained about the council's communication with them when they were arranging a placement for their child (A) … Upheld
201902140 01 Sep 2020 C adopted a young child, however the placement ended after a short period of time and the child was removed … Upheld
View all decisions for this organisation